Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 02-11-2015

 

Resolution No.(153)(18/2010) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Taking Charge of Orphans` Funds and Transferring them to other Parties"

Date: 2/9/1431, corresponding to 12/8/2010 AD.

 

All perfect praise be to Allah, The Lord of The Worlds; and may his peace and blessings be upon our Prophet Mohammad and upon all his family and companions:

During its ninth session held on the above given date, the Board reviewed the letter of His Grace, The Supreme Judge, with which was enclosed the letter of her Excellency, The Minister of Social Affairs, where she asked for clarifying the rule of Sharia on cancelling the sponsorship of orphans who are cared for by alternative families after changing their names, and the possibility of transferring the funds deposited in their bank accounts to the account of the foundation, where they were raised in the first place?

After prolonged deliberations, the Board decided:

It is permissible for the sponsor to cancel his sponsorship for a certain reason, such as: improvement of the orphan`s living conditions, the sponsor is unable to provide for him or another person volunteered to sponsor him. Therefore, ending the sponsorship, in these cases, is permissible.

As regards the funds that have already been deposited in the account of a certain orphan or those being donated to him, they are considered his own property, and it is impermissible for the givers to take them back, whatever the case may be. This is because once a person gives a Hibah (grant/donation), he isn`t permitted to take it back. This is indicated by the Hadith of the Prophet: "One who gets back the gift is like one who eats vomit" (Muslim).

Accordingly, it isn`t permissible for anyone to take from an orphan`s funds, save to be spent in matters beneficial to him and with the approval of his guardian and without any sort of compulsion. Allah, The Almighty, Says (what means): "Those who unjustly eat up the property of orphans, eat up a Fire into their own bodies: They will soon be enduring a Blazing Fire!" { An-Nisa`}. The Prophet (PBUH) also said (what means):"It is unlawful to take the property of a Muslim, save with his cheerfulness" {Narrated by Darqotni}. Moreover, changing an orphan`s name or being cared for by another family isn`t an excuse for taking the funds donated to him or giving them to any party because they have become his own property. Since these orphans haven`t reached puberty, it isn`t permissible to transfer the funds deposited in their accounts to any party. This is because it isn`t permissible for anyone to take charge of another`s property because the latter is placed under interdiction for being underage or the like, save in matters that are beneficial to him. Therefore, once these orphans reach puberty, they can do whatever they want as far as their property is concerned. Allah, The Almighty, Says (what means): "if then ye find sound judgment in them, release their property to them." (An-Nisa`/6). And Allah Knows Best.

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa

Judge Sarrie Attieh

Dr. Abdulrahman Ibbdah/ Member

Dr. Mohammad Oklah/ Member

Dr. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Executive Secretary of the Iftaa` board, Dr. Ahmad Al-Has`sanat

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

Is it permissible for me to make up for my late father`s missed fasts, and should I make an intention to this end by saying: “I intend to make up for my late father`s missed fasts .”

It is permissible to fast on behalf of the deceased father in order to make up for his missed fasts, and you should make the intention for offering fast from night time, but uttering the intention isn`t a condition.

A man who was on travel prayed Duhr as four Rakhas upon leaving Tafilah heading to Amman. However, on his way to Amman, he prayed Asir as two Rakhas (Shortened). Is what he did correct from an Islamic perspective?

All perfect praise be to Allah, The Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
 
What he did is correct; he is liable for nothing before Allah The Almighty, since combining and shortening prayers during travel are two separate concessions. Therefore, it is permissible for a traveler to shorten prayer without combining it with another. And Allah The Almighty Knows Best.

Is Zakah(obligatory charity)due on land intended for selling?

Yes, lands intended for selling are evaluated, and Zakah is paid according to their estimated value after a lunar year had lapsed, but if the owner didn`t pay the due Zakah, then he should do so after selling them.

What should a woman, who has given several births during different months of Ramadhaan, and didn`t make up for them in addition to forgetting the exact number of the days and years in which she had missed fasting, do ?

She should make up the days of Ramadhaan that she missed after estimating their number, and paying the ransom(in food) due on each day that she had delayed. She should also repay the ransom according to the number of years if she was able to fast before that time, but didn`t.